Intentional torts - Protection of public interests

Learning Outcomes

After reading this article, you will be able to explain how intentional tort law protects public interests, including the doctrine of necessity, public authority privileges, and the limits of individual rights when weighed against the welfare of the community. You will be able to identify and apply these principles to MBE-style questions and avoid common pitfalls.

MBE Syllabus

For the MBE, you are required to understand how intentional torts interact with the protection of public interests. This includes:

  • Identifying when the defense of public necessity applies to intentional torts.
  • Distinguishing between public and private necessity.
  • Recognizing the scope of privileges for public officials and those acting under legal authority.
  • Understanding the limits of individual rights when weighed against the welfare or safety of the public.
  • Applying these doctrines to scenarios involving trespass, conversion, and other intentional torts.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. A fire chief orders a house to be demolished to prevent a wildfire from spreading to the town. The owner sues for trespass. What is the best defense?
    1. Private necessity
    2. Consent
    3. Public necessity
    4. Mistake
  2. During a riot, a police officer damages a shop window while dispersing the crowd. The shopkeeper sues for trespass to land. Which is most likely to apply?
    1. The officer is strictly liable.
    2. The officer may claim privilege if acting lawfully.
    3. The officer must pay damages.
    4. The officer can only claim necessity if the shopkeeper consents.
  3. A person destroys a neighbor’s fence to create a firebreak and save the entire village from a spreading fire. What is the likely result?
    1. The person is liable for all damages.
    2. The person is not liable if acting under public necessity.
    3. The person is liable unless the neighbor is compensated.
    4. The person is liable for punitive damages.

Introduction

Intentional tort law recognizes that, in rare circumstances, individual rights must yield to the protection of the public. The law provides special defenses and privileges where intentional acts are committed to avert a greater public harm or under lawful authority. These doctrines ensure that tort law does not punish those who act reasonably to protect the community or carry out public duties.

Public Necessity

The defense of public necessity allows a person to intentionally interfere with another’s property or rights to prevent a significant threat to the public at large. This defense is absolute: if the act was reasonably necessary to protect the public, the actor is not liable for damages, even if the action destroys private property.

Key Term: Public Necessity A complete defense to intentional torts where the defendant’s act was reasonably necessary to prevent a serious, imminent threat to the public or a large group, such as fire, flood, or epidemic.

Private Necessity vs. Public Necessity

It is essential to distinguish public necessity from private necessity. Private necessity allows a person to interfere with another’s property to protect their own interests or those of a small group, but the actor remains liable for actual damages caused.

Key Term: Private Necessity A qualified defense to intentional torts where the defendant acts to protect a limited number of persons or their own interests, but must pay for any actual harm caused.

Key Term: Absolute Privilege A legal immunity that completely bars liability for certain acts, such as those done under public necessity or by public officials acting within their lawful authority.

Authority of Public Officials

Public officials, such as police, firefighters, and other emergency responders, are often granted privileges when performing their duties. If acting within the scope of lawful authority and in good faith, they are not liable for intentional torts committed in the course of protecting public safety or enforcing the law.

Key Term: Public Authority Privilege A defense available to officials and those acting under legal authority, shielding them from liability for intentional torts committed while lawfully protecting public interests.

Limits and Requirements

The protection of public interests does not grant a blank check. The act must be reasonable, necessary, and proportionate to the threat. If the actor exceeds what is reasonably required, or acts in bad faith, the privilege may not apply.

Worked Example 1.1

A city orders the destruction of a warehouse to create a firebreak and stop a rapidly spreading fire threatening the entire city. The warehouse owner sues for trespass and conversion.

Answer: The city can rely on the defense of public necessity. The destruction was reasonably necessary to prevent a disaster affecting the public. The city is not liable for damages.

Worked Example 1.2

During a chemical spill, a police officer enters private homes without a warrant to evacuate residents and prevent mass poisoning. The homeowners sue for trespass.

Answer: The officer is protected by public authority privilege. Entering the homes was necessary to protect public health, and the officer acted lawfully and reasonably.

Worked Example 1.3

A hiker, to save herself from a sudden flood, breaks into a private cabin and causes minor damage. The owner sues for trespass and property damage.

Answer: The hiker may claim private necessity. She is not liable for trespass but must pay for the actual damage caused to the cabin.

Exam Warning

The defense of public necessity is absolute only when the act is to protect the public at large. If the act benefits only a few individuals, the defense is private necessity, and the actor remains liable for actual damages.

Revision Tip

On the MBE, always ask: Was the act done to protect the public or only private interests? This determines whether the defense is absolute or qualified.

Key Point Checklist

This article has covered the following key knowledge points:

  • Public necessity is a complete defense to intentional torts when protecting the public from imminent harm.
  • Private necessity is a limited defense; the actor must pay for actual damages.
  • Public officials have privileges when acting lawfully to protect public interests.
  • The privilege applies only if the act is reasonable, necessary, and not excessive.
  • Exceeding lawful authority or acting in bad faith removes the privilege.

Key Terms and Concepts

  • Public Necessity
  • Private Necessity
  • Absolute Privilege
  • Public Authority Privilege
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